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Tenant shall have the right, at its sole cost, to initiate and prosecute any proceedings <br />permitted by law for the purpose of obtaining an abatement of or otherwise contesting the validity <br />or amount of real estate taxes assessed or levied upon the Demised Premises and the building <br />and improvements located thereon. If required by law, Tenant may take such action in the name <br />of Landlord who shall fully cooperate with Tenant to the extent reasonably required by Tenant. <br />Landlord shall not seek or join in any request for a special assessment or an <br />assessment, benefit or improvement district resulting in a special assessment or an <br />assessment or benefit district affecting Tenant or the Demised Premises without either (a) the <br />prior written consent of Tenant or (b) Landlord's written agreement (in form satisfactory to <br />Tenant) that Landlord, and not Tenant, shall be responsible for payment of such special <br />assessments or other assessments applicable to Tenant or the Demised Premises. Without in <br />any way diminishing the prohibition above, if Landlord, unless otherwise required by law, <br />directly or indirectly causes Tenant and /or the Demised Premises to become, or consents to the <br />Demised Premises becoming, a part of any assessment or benefit district, Landlord shall, <br />unless Tenant consents to such district in Tenant's discretion, reimburse Tenant for any and all <br />taxes and special assessments levied or assessed against Tenant and /or the Demised <br />Premises by reason thereof within thirty (30) days after Tenant's demand therefor. <br />32. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the <br />Demised Premises is defined as: (i) the operation therein of a retail store selling automotive <br />parts, supplies and accessories (including but not limited to, Tenant's commercial business <br />which contemplates delivery trucks off - loading /picking up merchandise to /from the Demised <br />Premises and the subsequent delivery to off -site locations to either customers or other retail <br />stores operated by Tenant); and (ii) Landlord further grants Tenant the right to merchandise any <br />products normally sold in Tenant's other auto parts, supply and accessories stores without <br />restriction. Nothing contained herein shall prohibit Tenant from using the Dernised Premises for <br />any lawful purpose except for the installation or use of underground storage tanks. Further, <br />nothing contained herein shall be intended to create any obligation on the Tenant to operate <br />any business at the Demised Premises. If permitted by applicable law, Tenant shall additionally <br />have the right to (i) sell snacks and /or cold drinks; and (ii) conduct seasonal sales on the <br />sidewalks adjoining Tenant's building on the Demised Premises. <br />5538 Freestanding Building Lease 04212015 14 <br />